IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30138 of 2007(K)
1. M.J.GEORGE, MARIYIL HOUSE,
... Petitioner
Vs
1. INTELLIGENCE INSPECTOR,
... Respondent
For Petitioner :SRI.V.V.ASOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/10/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 30138 OF 2007 K
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Dated this the 11th day of October, 2007
J U D G M E N T
The timber transported from forest depot to Muvattupuzha
was detained by the respondents and Ext.P3 notice has been
issued. It is at that stage this writ petition has been filed.
2. On instructions, learned Government pleader submits
that the vehicle was not accompanied by documents such as
invoice or delivery note and therefore there was reasonable
suspicion for attempt to evade tax.
3. Learned counsel for the writ petitioner makes
reference to Exhibits P1 and P2 and contend that the documents
were in fact available. I decline to enter into the merits of the
controversy atleast at this stage. In my view those are matters
for an enquiry to be conducted by the authorities. At this stage,
I am only concerned with whether the goods will be continued to
be allowed to be under detention any further.
4. In the facts of this case, I am inclined to pass order
WPC 30138/07
: 2 :
directing that the goods under detention and vehicle should be
released to the petitioner on the petitioner depositing 50% of the
amount mentioned in Ext.P3 and furnishing simple bond without
sureties for the balance amount. Thereafter it is for the officer
concerned to adjudicate the matter and the parties will be guided
by the orders to be passed.
Writ petition is disposed of.
ANTONY DOMINIC, JUDGE.
Rp